Search results
Judges must render a fair decision when there is a conflict between two parties. Their decisions are made on the basis of the facts and evidence presented to them, decisions previously rendered by other Canadian courts, and according to the law applicable to the situation. The judges' decision is final, unless one of the two parties refers the case to a court of appeal.
- Our Mandate
The chief justices of each province and territory are...
- About
The Canadian Judicial Council (CJC) was created in 1971 by...
- Filing a Complaint
If you have any concerns about the conduct of a federally...
- Professional Development
In order to meet the expectations of all Canadians,...
- News
Canadian Judicial Council publishes new Procedures for the...
- Publications
Guidelines on the Use of Social Media by Federally Appointed...
- Our Mandate
Superior Court judges are appointed by the federal government. Under Canada's constitution, and established law, the status of judges is recognized as fully independent. Once appointed, a judge can serve until age 75 and cannot be removed from office except by joint address of both Houses of Parliament.
In Ontario, the Judicial Appointments Advisory Committee (JAAC) is made up of 13 members: 7 lay members, 2 judges, 1 member appointed by the Ontario Judicial Council, and 3 from the legal community. [2] JAAC recommends a list of 3 or 4 candidates, far less than its federal counterpart. [3] Proponents of the system argue that this procedure has ...
- Federal and Provincial Judicial Powers
- Role of The Judiciary
- Federal Appointment of Judges
- Provincial Appointment of Judges
- Gender and Ethnic Diversity
- Tenure of Judges
- Canadian Judicial Council
- Politics and The Judiciary
The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. (See also Di...
Judges do not legislate or enforce the law; that is the role of the legislative and executive branches of government and its departments and agencies. The role of judges is to interpret and apply the law in various cases. Judges interpret the intent and application of written statutes passed by Parliament and the provincial legislatures. They also ...
The Constitution Act, 1867 and the federal Judges Act provide for the appointment, removal, retirement and remuneration (including matters such as pensions) of federally appointed judges. Most federal appointments are made by the governor general on the advice of the minister of justice and the cabinet. The federal government appoints judges to the...
Provincial appointments are made by the attorney general or minister of justice of the province or territory. They do so after consultation with cabinet. In most provinces, the attorney general appoints a judge only after a review of the application by a provincial judicial council. This council contains a broad representation of members of the leg...
Since the 1980s, the composition of the judiciary has changed with the appointment of more women and younger people to the bench. In recent years, there have also been calls by lawyers and legal organizations to increase the number of visible minorities on the bench. These would include Indigenous judges and Black judges. (See also Prejudice and Di...
Federally appointed judges hold office until the mandatory retirement age of 75. This applies if they are serving on the Supreme Court, the Federal Courtor a provincial superior court. After they have served 15 years on the bench and have reached the age of 65 or more, they can partially retire or go “supernumerary.” (This means they would only occ...
The Canadian Judicial Council was created under the Judges Act. It is made up of the various federally appointed chief justices and associate chief justices of the superior courts; as well as the senior judges of the territorial courts. It is chaired by the Chief Justice of Canada. The Council provides continuing education for federally appointed j...
The reasons for judicial appointments have always been surrounded with secrecy. This fuels the belief that political considerations influence the appointments. It is widely held that to become a judge, it helps to be politically connected with the political party in power; or that some judges get their positions and promotions as patronagefavours. ...
Nothing is more important in our justice system than having independent judges. The principle of judicial independence has three components: Security of tenure Once appointed, a judge is eligible to serve on the bench until retirement (age 75 for federally appointed judges, age 70 in some provincial/territorial jurisdictions).
A judge’s job is to interpret and apply the laws of Canada. In Canada, Judges are appointed by the government and not elected. The provincial government appoints judges in the Provincial Court. The federal government appoints Supreme Court and Court of Appeal judges. Even though the government appoints judges, judges are independent from the ...
People also ask
Who appoints judges?
How are judges appointed in Canada?
Who appoints new Supreme Court justices?
Who should be appointed to the Ontario Court of Justice?
What does the judiciary do?
When can a judge be removed from office?
In certain situations, temporary judges of the Ontario Court of Justice can be appointed. The Chief Justice of Ontario has the authority to appoint a judge of that court to replace another judge of the Ontario Court of Justice to deal with a complaint when: They are needed for quorum (i.e. to ensure that the minimum number of members are
